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Trucking & Transportation Liability

Trucking and transportation is one of the oldest practice areas at Marshall Dennehey Warner Coleman & Goggin. Our group handles cases in the state and federal courts of Pennsylvania, New Jersey, Delaware, Ohio and Florida. The Trucking & Transportation Practice Group represents clients and their carriers in complex tort and coverage litigation involving all types of common and private carriers. The members of this group include shareholders and associates who have handled cases for large common carrier transportation fleets engaged in interstate trucking, railroads, waste hauling, taxicab, shuttle and bus operators, rental vehicle fleets and ambulance services. These attorneys have represented insurers and self-insureds in personal injury, cargo, environmental, hazardous materials, indemnification and insurance coverage issues, and are keenly aware of the impact of the sophisticated issues and interrelationships of the parties.

From the inception of our firm, we have handled complex litigation involving the shipping of goods over waterways, highways and rail. With today's emphasis on the proper handling of hazardous materials during shipment, many of our transportation attorneys have also cross-trained in environmental and toxic tort matters. In addition, we have the full support of our appellate and toxic tort environmental sections to draw upon in the handling of any transportation matter.

In conjunction with the firm's Insurance Coverage/Bad Faith and Appellate Advocacy and Post-Trial practice groups, we represent insurance carriers in coverage matters that arise from underlying transportation cases.

The members of the Trucking & Transportation Practice Group are active participants in a number of the major transportation law organizations including the Trucking Industry Defense Association, ATA Litigation Center, ABA Transportation Megaconferences, RIMS, Defense Research Institute and Association of Transportation Practitioners.

We are aware of today's focus on securing sound legal services at reasonable fee levels. Our firm has grown because of our sensitivity in this area. This is especially true in the transportation industry where many of our clients have large self-insured retentions that necessitate close control of legal costs and expenses. Our trial lawyers take a practical, results-oriented approach to their cases. The firm maintains competitive rates through task-appropriate delegation which is consistent with the overall close supervision and client responsiveness required in transportation matters. We are willing to discuss, develop and implement alternative billing formats wherever possible.

Our firm would be pleased to work with you in the handling of your transportation matters. We are also available to give presentations or conduct training seminars on transportation matters at your location or ours.

Mar 1, 2012
We obtained summary judgment and an award of counsel fees in an $8.8 million subrogation claim. Thieves stole a truck loaded with $8,800,000 in pharmaceuticals.  The pharmaceutical company’s insurance carriers paid the claim and filed a...
Nov 11, 2010
Attorneys obtained summary judgment in a personal injury action brought against our client's insured, a tire service company. The plaintiff, an employee of the tire service company, died after attempting to change a bus tire on soft soil on the...
Apr 12, 2010
Attorneys won Judgment on the Pleadings where the judge agreed with our argument that a Motor Truck Cargo Endorsement provided specified peril coverage and took precedent over the boilerplate Businessowner's form which provided all risk coverage....
Aug 12, 2009
Attorney obtained dismissal of all claims against a transportation company via a Motion for Summary Judgment.  The 20 year old plaintiff was about to clock in to start working when she was struck by a bus driven by another employee on company...
Apr 17, 2008
Attorney obtained a defense verdict following a jury trial in a wrongful death case involving a negligence claim against the driver of a truck from which plaintiff's decedent voluntarily exited while it was moving. The attorney represented the...
Mar 17, 2008
Attorney obtained a defense verdict in a case involving a tractor-trailer/car collision on the highway in which plaintiff claimed neck injuries ultimately resulting in a three level cervical fusion. Defense of the case was made more difficult in...
Mar 4, 2008
Attorneys obtained summary judgment on behalf of a fuel oil distributor that retained an independent contractor to transport gasoline to retail service stations. The driver for the independent contractor trucking company blacked out while driving...
Jan 23, 2008
Attorney obtained summary judgment on behalf of defendant marine cargo terminal in a high damage-exposure case involving claims for personal injuries and death. Defendant's over height cargo container hit an overpass on the highway, causing the...

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Law Alerts January 11, 2013
Nicole Weber died as a result of a motor vehicle accident where she was a passenger in a car driven by Michael Price. Price had left his car in the custody of a valet car service, and when he returned to pick it up, he was visibly intoxicated. The..., Case Law Alert, 1st Quarter 2013
Law Alerts January 11, 2013
In the ongoing saga to determine the scope of discovery as it relates to social media sites, the New York Supreme Court Appellate Division provided some further guidance on the issue. In this civil action, plaintiffs McCarthy and Richards submitted..., Case Law Alert, 1st Quarter 2013
Law Alerts October 1, 2012
In a suit brought by the appellee owner of a vehicle against the appellant towing company, alleging conversion and civil theft arising out of the towing of the vehicle, the trial court granted a motion for vehicle release filed by the owner. The..., Case Law Alert - 4th Qtr 2012
Law Alerts October 1, 2012
Pennsylvania Court of Common Pleas Judge Wettick has provided the public with a thoughtful overview and analysis of the discoverability of information on plaintiffs' and defendants' Facebook pages. After providing a review of judicial..., Case Law Alert - 4th Qtr 2012
Law Alerts July 1, 2012
John Lovegrove and Matthew Kelty planned to trim a tree on a property. In order to prevent a large branch from falling onto nearby power lines, Lovegrove attached one end of a rope to his truck and directed Kelty to attach the other end to the..., Case Law Alert - 3rd Qtr 2012
Law Alerts July 1, 2012
The Appellate Court affirmed the trial court's dismissal of the plaintiff's case after finding that the plaintiff submitted a fraud on the court for material misrepresentations regarding his medical history and injuries. Pursuant to Cox v...., Case Law Alert - 3rd Qtr 2012
Law Alerts April 1, 2012
The appellee personal representative filed a wrongful death action against the appellants, a driver and her spouse. The Polk County Circuit Court entered final judgment in favor of the appellee, and the appellants sought review. At issue here were..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
The New Jersey Supreme Court upheld the Appellate Division's holding that the plain language of N.J.S.A. § 45:9-5.2(a) limits performance of EMGs to those who are licensed to practice medicine and surgery in the state of New Jersey. Since..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
The appellee personal representative filed a wrongful death action against the appellants, a driver and her spouse. The Polk County Circuit Court entered final judgment in favor of the appellee, and the appellants sought review. At issue were..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
The plaintiff alleged in the amended complaint that the defendant's vehicle had crossed into her lane and hit her vehicle because he was talking on his cellular telephone while driving. A Northampton County trial judge recently found that..., Case Law Alert - 2nd Qtr 2012

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Chair

Timothy J. McMahon
Managing Attorney, Harrisburg, PA Office
(717) 651-3505
tjmcmahon@mdwcg.com

Co-Chair

James D. Hilly
Shareholder
(215) 575-2783
jdhilly@mdwcg.com

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